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Home » Brain Injury  » Your Rights After an Accident Caused Traumatic Brain Injury 

Your Rights After an Accident Caused Traumatic Brain Injury 

Your Rights After an Accident Caused Traumatic Brain Injury 


Traumatic Brain Injury (TBI) occurs when an external force, such as a fall or a car accident, causes brain dysfunction. Unfortunately, for some, when TBIs occur, their life is changed forever.

If you are in this situation and your TBI was caused by the negligence or fault of another party, you have rights. One right is to recover compensation for injuries, damages, pain, and suffering.

However, personal injury law is complex and challenging to navigate alone. This is where an experienced traumatic brain injury attorney from Zimmet & Zimmet can be invaluable. Here, you can learn more about your rights after a TBI and how our law firm can help with your case.

Understanding Traumatic Brain Injuries

A traumatic brain injury fundamentally alters one’s life, with effects ranging from mild to severe. Understanding the varying degrees is essential. Medical professionals categorize TBI into mild, moderate, and severe based on the severity of the symptoms and the damage to the brain.

Types of TBIs

As mentioned, TBIs range in severity. Some of the most common accident-caused TBIs include:


The most common type of TBI is a concussion. This happens when the brain experiences a jolt, usually from a fall or a blow to the head. It can result in temporary confusion, headaches, and memory problems.


A contusion is a bruise on the brain caused by a direct impact on the head. This can result in swelling and bleeding in the brain, necessitating medical attention.

Penetrating Injury

This is where an object penetrates the skull and enters the brain. It’s a severe form of TBI and often requires immediate medical intervention.

Impact of TBIs

The impact of a TBI on an accident victim’s life depends on how serious it is. Common results of these injuries include:

Cognitive Impact

TBIs can significantly affect a person’s ability to think and reason. It might lead to issues with memory, attention, and problem-solving skills.

Physical Impact

TBIs can have physical repercussions, including headaches, dizziness, and sleep disorders. Severe TBIs might even result in paralysis or other long-term disabilities.

Emotional Impact

Besides cognitive and physical issues, TBIs can affect a person’s emotional well-being, leading to mood swings, depression, and anxiety.

Understanding the types and impacts of TBIs can help in early diagnosis and treatment, enhancing the chances of a better recovery. If you or a loved one experiences TBI symptoms, seeking medical help promptly to mitigate potential adverse effects is essential. It’s always advised to take preventative measures to avoid accidents leading to TBIs, like wearing helmets while biking or ensuring safety while working at heights.

Legal Framework in Florida

In Florida, the legal aspects of TBI are defined clearly to aid victims in seeking justice. Notably, the statute of limitations stipulates that a victim has four years from the date of the injury to file a lawsuit. Florida operates under a comparative negligence rule, meaning the compensation might be reduced proportionally to the victim’s fault.

Building a Strong TBI Claim

If you’ve suffered a Traumatic Brain Injury (TBI) due to an accident, building a strong claim is crucial to get the compensation you deserve.

The first step in building a TBI claim is to gather evidence related to the incident. This includes:

Medical Records

Start with compiling all your medical records that detail the extent of your injuries. These documents should include diagnostic tests, medical bills, and doctors’ notes regarding your condition.

Police Reports

If your injury results from a car accident or another incident where the police were involved, a report is created. It is smart to request a copy of this report to use as evidence for your claim.

It is also wise to document your treatment and recovery in your own words and collect statements from witnesses.

Personal Diary

Maintain a personal diary to record your daily experiences and the challenges you face due to your TBI. This diary can offer a firsthand account of your suffering.

Witness Statements

If there were any witnesses to the accident, get their statements. They can corroborate your account of the incident, strengthening your claim.

You do not have to attempt to go through the process of filing a personal injury lawsuit alone. Our team at Zimmet & Zimmet can help ensure you get the full compensation you are entitled to.

Consult an Attorney

Consider consulting an attorney who specializes in TBI claims. They can guide you on the best approach to build a strong case.

Expert Testimonies

Your attorney might suggest getting expert testimonies from medical or accident reconstruction experts to fortify your claim.

Each element mentioned here is invaluable evidence you can use to help show the impact of the accident and injury on your life. The more evidence you have, the more likely you will recover the full compensation you deserve.

Compensation in TBI Cases

Florida law recognizes the devastating effects of TBI and allows victims to seek various compensations. These include economic damages, which cover medical bills and loss of earnings, and non-economic damages for pain and suffering. In some extreme cases, punitive damages might apply to punish the perpetrator and deter similar behaviors in the future.

Choosing the Right Legal Representation

Choosing the right representation is half the battle won in TBI cases. Zimmet & Zimmet, with a seasoned team of attorneys, stands tall in ensuring justice for TBI victims in Florida. Our firm leverages the rich experience and a deep understanding of Florida laws to safeguard your interests, backed by a series of glowing client testimonials.

Let Zimmet & Zimmet Help You Get the Compensation You Deserve

Navigating the complexities of TBI cases in Florida requires a holistic understanding of the medical and legal landscape. At Zimmet & Zimmet, we have experience in TBI cases and will fight to help you receive justice and compensation.

If you or your loved one has suffered a TBI, it is time to step up and seek justice. Contact our Florida personal injury lawyers at Zimmet & Zimmet to schedule a consultation and let us guide you through the legal pathways in Florida. Your path to justice is just a call away.

Have you been injured in an accident or fall? Do You have question and want to know your legal options.
Call 386-255-6400  for a free consultation and remember there is NO FEE unless WE Win.


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